National Asset Management Agency Act 2009

221.—
(1)
Subject to
subsections
(3)
and
(4)
, if a person communicates, on behalf of another person, with NAMA, a NAMA group entity
or a person providing services or advice to NAMA or a NAMA group entity with the intention
of influencing the making of a decision in relation to the performance of the functions
of NAMA or the NAMA group entity, the person commits an offence.

(2)
Without prejudice to the generality of
subsection
(1)
, a reference in that subsection to a decision relating to the performance of the
functions of NAMA includes a decision relating to—

(
a)
the lending of money,

(
b)
the initiation of legal proceedings,

(
c)
legal proceedings in being,

(
d)
the engagement of the services of an expert adviser or other service provider,

(
e)
any other matter that could give rise to an advantage or benefit to a person other
than NAMA,

(
f)
a tender, or

(
g)
the purchase or sale of property.

(3)
It is not an offence pursuant to
subsection
(1)
if the communication concerned—

(
a)
is made public at the time of the communication,

(
b)
is made without an intention to benefit, or confer an advantage on, any specific person,
or

(
c)
is made in the public interest.

(4)
It is not an offence pursuant to
subsection
(1)
if the person who makes the communication concerned—

(
a)
is acting in his or her professional capacity or in the course of his or her employment,
and

(
b)
does so in that capacity.

(5)
A person who believes that he or she has been communicated with in contravention of
subsection
(1)
shall, as soon as may be, report—

(
a)
that the communication was made,

(
b)
the details of the communication made, and

(
c)
the name of the person who communicated with him or her,

to a member of the Garda Síochána.

(6)
A person who fails to comply with
subsection
(5)
commits an offence.

(7)
A person who commits an offence under this section is liable on summary conviction
to a fine not exceeding €1,000 or imprisonment for a term not exceeding 6 months or both.